Legal Question in Criminal Law in California

What matters most in all this is what they can prove - after all legal and factual defenses have been explored. If the original stop was bad, all the evidence is out. If the arrest wasn't legit, then the chemical test is out.

Depending on the specifics of your record, you may be eligible for a program, but that also depends on how it's charged against you.

1. It depends.

2. It won't affect the charges, but these facts could be useful to a skilled attorney who is defending you.

3. See (2).

No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. Obviously, priors count to enhance sentencing on new charges.

Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.